Immigration and foreigners' law governs the entry, residence, employment, property acquisition and citizenship of foreign nationals in Türkiye. Our firm in Ankara handles these matters from the administrative application stage through to court proceedings; consultations can be conducted in Turkish, Persian and English.
Law No. 6458 on Foreigners and International Protection provides for short-term, family, student, long-term and humanitarian residence permits. Each type of permit has its own application requirements, time limits and renewal procedures. The problems most often encountered in practice are the refusal of an application, the cancellation of an existing permit or the rejection of a renewal request. These decisions can be challenged by an action for annulment before the administrative courts; not missing the time limit for filing the action is the most critical point of the process.
Under International Labour Force Law No. 6735, work permit applications are as a rule made by the employer. Different statuses exist, such as the independent work permit, the indefinite work permit and the Turquoise Card. If an application is refused, an administrative objection must first be filed and, depending on its outcome, an action for annulment brought.
Turkish Citizenship Law No. 5901 provides several routes to citizenship. Acquisition by decision of the competent authority (the general route) depends on a period of uninterrupted residence and on meeting other conditions. Acquisition through marriage requires that the marriage has lasted for a certain period and that the spouses live together as a family. Exceptional acquisition is based on a decision of the President, and applications for citizenship by investment are assessed under this route.
The required amounts and the accepted types of investment for investment-based applications are updated by changes in the legislation; the regulations in force should be checked before applying. If the application is refused, the administrative courts can be asked to annul the decision.
Article 35 of the Land Registry Law (Tapu Kanunu) governs the acquisition of real estate in Türkiye by foreign individuals. Acquisition varies according to the person's nationality, the region where the property is located and area limits. Additional permission is required in military restricted zones and security zones. Checking the title deed record for annotations, mortgages and attachments before the sale prevents disputes that may arise later.
A deportation order may be issued against a foreigner on grounds of a visa or residence violation, public order or an administrative assessment, and a restriction code (tahdit kodu) may be entered in their passport records. A deportation order can be challenged before the Administrative Court within 7 days of its notification (Law No. 6458, Art. 53(3)); because the time limit is so short, it is important not to lose time. A separate administrative application and court action are pursued to have a restriction code removed.
In divorce cases brought in Türkiye by spouses of foreign nationality, the applicable law is determined under Law No. 5718 on International Private and Procedural Law. For divorce, custody or maintenance judgments given abroad to have effect in Türkiye, an action for recognition or enforcement must be brought.
If a foreigner overstays their visa or visa exemption period, an administrative fine is imposed and a temporary ban on re-entry to the country may be applied. Paying the fine does not by itself lift the ban; the consequences differ depending on the length of the overstay and whether it is repeated. Where the violation was caused by force majeure, documenting this is taken into account in the administrative assessment.
Foreigners who are unable to return to their country of origin may apply for international protection. Decisions finding an application inadmissible or refusing it can be challenged through objection and court proceedings within the time limits set by law. Temporary protection status is subject to a separate regime, and decisions cancelling that status are subject to review by the administrative courts.
Subject to the exceptions provided by law, foreign individuals and legal entities may establish companies and become shareholders on the same terms as Turkish citizens. Setting up a company does not in itself provide a work permit; a foreigner who will work in the company must obtain a work permit separately. The shareholding structure, capital and employment conditions are relevant to the permit assessment.
Persons who were Turkish citizens by birth and gave up their citizenship with permission to renounce it, together with their descendants, may obtain a Blue Card (Mavi Kart) in order to benefit from the rights granted by law. The position of Blue Card holders regarding property acquisition, inheritance and employment differs from that of foreigners.
In immigration and foreigners' law, administrative and judicial processes are intertwined. If an application is refused, the type of decision determines which administrative objection must be exhausted first, and then in which court and within what time limit an action must be brought. Because the time limits are short, it is important not to lose time from the date the decision is served.
